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One of the deals worked out in the lame duck session was the confirmation of 19 judicial nominees without action on four controversial nominees, including Goodwin Liu and John J. “Jack” McConnell. As reported by AP (h/t Senatus): President Barack Obama on Wednesday resubmitted a batch...

Here are Legal Insurrection’s Official predictions for 2011: Obama will give an unscripted speech announcing he is resigning to take a year-long road trip to play golf in each of the 57 states. Joe Biden, the second in line to the presidency, will become President upon Obama’s resignation,...

The NY Times laments that liberals cannot manage to get a full-throttled liberal nominee on the Court to do battle with Antonin Scalia (emphasis mine): The selection of Solicitor General Elena Kagan to be the nation’s 112th justice extends a quarter-century pattern in which Republican...

Chief Justice John Roberts, in responding to a question during a law school forum, took the very reasonable position that what happened at the State of the Union address was troubling: “First of all, anybody can criticize the Supreme Court without any qualm,” he said,...

That seems to be the point of David Savage’s intellectually dishonest column in the L.A. Times. Savage tries to link Supreme Court Justice Clarence Thomas to the 2002 “torture memo” written by Thomas’ former clerk, John Yoo. Savage’s argument is that Thomas’ view of the...

Why the sudden slew of attacks on the Supreme Court, specifically Justices Alito and Roberts, by leading Democrats? The decision in the Citizens United case, which struck down on First Amendment grounds some legislative restrictions on campaign speech by corporations, is the excuse but not...

During the State of the Union address, Barack Obama singled out the Supreme Court for ridicule on its recent campaign finance ruling, which Obama asserted could open the door for foreign campaign contributions: With all due deference to separation of powers, last week the Supreme...

State of the Union speeches regularly infuriate the opposing party, and to that extent Barack Obama met and exceeded expectations last night. One aspect of the speech deservedly is receiving most attention: The crude attempt to intimidate the Supreme Court in front of the Congress...

Reports indicate that two of the planners of the attempted airplane bombing over Detroit were released Gitmo detainees, Muhamad Attik al–Harbi and Said Ali Shari. Each of these detainees went through a military hearing system and were released in 2007. At that time, the U.S....

Like I said, with regard to the nomination of Sonia Sotomayor, in my prior post Yes To Sotomayor. Here’s an excerpt from reliably conservative Pat Toomey’s Op-Ed today: When John Roberts and Samuel Alito were nominated to the Supreme Court, Republicans argued that they should...

Yes, the Senate should vote Yes on the nomination of Sonia Sotomayor to be the next Justice of the United States Supreme Court. The main reason I reach this conclusion is that there is no compelling reason to vote no. I watched about half of...

In a 5-4 ruling authored by Justice Anthony Kennedy, the U.S. Supreme Court has reversed the ruling by Supreme Court Nominee Sonia Sotomayor and two other Court of Appeals judges in the case of Ricci v. DeStefano. [Full opinion and analysis below] In Ricci, white...

Ruth Marcus is a columnist for the Washington Post. By any standard, Marcus is left-of-center, not an Obama-basher, and not hostile to liberal causes. So when Marcus rejects the White House spin on Sonia Sotomayor’s “wise Latina” statement, it deserves attention: Nice try, Mr. President,...

“Scott, you said that – or the President said, repeatedly, that Harriet Miers was the best person for the job. So does that mean Alito is sloppy seconds, or what?” CBS News Correspondent, John Roberts, at White House Press Briefing, questioning White House Press Secretary...

Bruce Ackerman, a prominent constitutional law professor at Yale Law School, warned against the tactic of “stealth” Supreme Court nominations, where an ideologically driven President who seeks to change the direction of the Supreme Court nominates a relatively undistinguished appeals court judge whose lack of...

“There are lies, damned lies, and statistics.” So it is said. We now have reached stage three of the Sotomayor debate, because we are into statistical analysis of her opinions and dissents. First, some backdrop on statistics as relates to Supreme Court nominees. During the...

At a 2001 conference, Supreme Court nominee Sonia Sotomayor uttered these now-famous words: “I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn’t lived that life.”...